Terms And Conditions
Article 1: Definitions
In these terms and conditions (the “T&C”), the defined terms below shall have the following meaning:
1.1 “Agreement”: an agreement between a Client and AirHelp that is reached after the acceptance of these T&C by the Client, which shall be considered finalised, when the Client has signed the Assignment Form or an Authority Document.
1.2 “AirHelp”: AirHelp Limited, a company incorporated in Hong Kong with its registered office at 9B Amtel Building, 148 Des Voeux Road Central, Central, Hong Kong (CB No. 1926223, BR No. 61625023-000).
1.3 ”Air Passenger Rights Regulation”: any law, regulation, directive or similar, whether issued on state, federal, EU, national or regional level, that establishes rules on monetary compensation to passengers in the event of overbooked, delayed or cancelled flights.
1.4 “Assignment Form”: the document, whereby the Client, subject to the terms and conditions therein, assigns ownership of the Claim to AirHelp.
1.5 “Authority Document”: a document provided by AirHelp to the Client, which authorises AirHelp or one of AirHelp’s affiliates or partners to act on behalf of the Client. The document may be in many shapes and forms, including, but not limited to, a Power of Attorney or a Client Care Agreement.
1.6 “Claim”: any claim against an airline for monetary compensation pursuant to Air Passenger Rights Regulation.
1.7 “Client(s)”: person(s) that has accepted these T&C.
1.8 “Flight Compensation”: total amount of money paid by an airline in relation to a Claim as compensation, settlement, gesture of goodwill or otherwise, to the Client or AirHelp after the Client has accepted these T&C. For the avoidance of doubt, Flight Compensation do not include any payments of attorney’s fees, court fees, collection cost, interest or similar, which payments shall belong solely to AirHelp.
1.9 “Legal Action”: filing a Claim with a court or government body, such as a national enforcement body (NEB), or handing over a Claim to a contracted legal representative, such as an attorney or law firm.
1.10 ”Price List”: appendix attached to this T&C specifying accepted currencies, methods of payment and all fees charged by AirHelp.
1.11 ”Regulation 261/04”: Regulation (EC) No. 261/2004 of the European Parliament and of the Council dated 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delays of flights.
Article 2: Agreement
2.1 When asking AirHelp to pursue the Client’s Claim, the Client automatically and simultaneously accepts these T&C.
2.2 An Agreement will only be concluded, if AirHelp accepts to pursue the Client’s Claim. AirHelp is entitled to refuse to pursue any Claim without reason. In case of a refusal, AirHelp will notify the Client without unreasonable delay. If AirHelp accepts to pursue the Client’s Claim, the Client will be asked to sign the Assignment Form or an Authority Document. When the Client has signed the Assignment Form or an Authority Document, an Agreement has been made between AirHelp and the Client.
2.3 By entering into an Agreement with AirHelp, the Client warrants that he/she is authorised and has legal capacity to enter into the Agreement.
2.4 The Client acknowledges that AirHelp only seeks Flight Compensation. The Client agrees that AirHelp will not accept travel vouchers and/or other services as Flight Compensation and that such offer from airlines will be considered as refusal of payment.
2.5 The Client warrants that the Claim has not been assigned to third parties and no legal dispute is pending or expected between the Client and the airline in the same matter.
2.6 After signing the Assignment Form or an Authority Document, the Client may not engage any other party to pursue the Claim or assign the Claim to any other party. Any existing engagements or assignments, if any, must be cancelled before signing the Assignment Form or an Authority Document.
2.7 If the Client receives any direct payments or any other compensation from the airline concerned after entering into the Agreement, the Client shall be obliged to advise AirHelp without delay. Such payments shall be considered Flight Compensation.
2.8 After signing the Assignment Form or an Authority Document, the Client shall be obliged to cease negotiations with the airline concerned and direct any contact made by the airline to AirHelp in order to ensure that AirHelp achieves the best result possible.
2.9 The Agreement terminates:
i) when Flight Compensation has been accepted by AirHelp, paid in full to AirHelp by the airline and the agreed part of the Flight Compensation has been transferred to the Client after deduction of all applicable fees, or
ii) when AirHelp has established that it would be futile to continue to pursue the Claim after conducting an in-depth review of the case and has advised the Client that such Claim will not be pursued.
2.10 If the Agreement is terminated pursuant to paragraph 2.9ii and the Client requests it, the Claim may be re-assigned to the Client, which is free of charge (see Price List). Hereafter, the Client is free to pursue the Claim.
2.11 Different terms and conditions may apply to Clients submitting Claims pursuant to AirHelp agreements with third parties.
Article 3: Description of Services
3.1 AirHelp asserts the Client’s Claim for Flight Compensation from the operating airline on the basis of Regulation 261/2004 or any other Air Passenger Rights Regulation in force applicable to the Client’s particular air travel.
3.2 Flight data and information may be submitted to AirHelp via website, mobile apps, email, other electronic or software solutions supported by AirHelp or phone. After receipt of a Claim, AirHelp performs a research to check the flight information and verify the flight data. If this evaluation proves that the Claim is sufficiently promising, AirHelp informs the Client that her/his Claim has been accepted and asks the Client to sign the Assignment Form or an Authority Document.
3.3 To pursue the Claim successfully, AirHelp needs the Client’s signed Assignment Form or Authority Document, which he/she can send to AirHelp via the web form, mobile app or using email or postal service. On receiving a Client’s signed Assignment Form or Authority Document, AirHelp prepares a request for payment and sends it to the operating airline without unreasonable delay and handles all further correspondence.
3.4 If the operating airline fails to pay Flight Compensation within a reasonable period and provided the case may be asserted with adequate certainty, AirHelp may initiate Legal Action to pursue the Claim. In the event that Legal Action is undertaken, the Legal Action Fee applies to cover the additional costs of Legal Action (see Price List).
3.5 In the event that a contracted legal representative is used for Legal Action, the Client will allow AirHelp to grant the contracted legal representative access to all of the data communicated to AirHelp and allow the legal representative to transfer information concerning the proceedings to AirHelp. Where a separate COA, Power of Attorney, Statement of Truth, Assignment Form or other additional documents are required by the relevant court, the Client undertakes to sign such additional documents. In case the Client has already signed an Assignment Form and signs a COA, Power of Attorney, Client Care Agreement or similar, the Claim is automatically assigned back to the Client.
3.6 If the contracted legal representative comes to the conclusion that there are insufficient prospects of success, the Client will be advised about this and AirHelp will take no further action.
3.7 If AirHelp or the contracted legal representative institutes legal proceedings to pursue a Claim, AirHelp will cover any costs incurred in the event the lawsuit is lost. In the event the lawsuit is won, or a settlement has been reached between the airline and AirHelp, AirHelp will cover any costs incurred that are not covered by the airline.
3.8 The Client acknowledges that it is the sole decision of AirHelp to accept any settlement offer, since the Client has assigned the Claim to AirHelp. In case AirHelp acts on behalf of the Client pursuant to an Authority Document, the Client authorises AirHelp to accept or reject settlement offers based on AirHelp’s experience with the airline and the advice from external legal representatives.
Article 4: Fees and Payments
4.1 AirHelp pursues the Claim free of charge. If AirHelp is successful in collecting Flight Compensation, AirHelp will transfer the agreed part of the Flight Compensation to the Client, subject only to fees that may apply pursuant to the Price List.
4.2 Payment of the agreed part of the Flight Compensation to the Client will be done pursuant to the options in the Price List.
4.3 If the Client has provided wrong or insufficient information needed to pay the Flight Compensation and it is returned to AirHelp, AirHelp is entitled to deduct all external cost imposed upon AirHelp plus a Change Fee to cover internal cost, for each incident (see Price List). If the Client, after several reminders and reasonable endeavours from AirHelp to contact the Client by other means than the email provided by the Client to AirHelp, does not respond to correct or provide information needed to pay the agreed part of the Flight Compensation, AirHelp shall be entitled to keep the part of the Flight Compensation that otherwise should have been transferred to the Client.
4.4 When AirHelp has paid the agreed Flight Compensation pursuant to the instruction of and method selection by the Client, AirHelp shall not be liable for:
i) checks, prepaid debit cards, credit cards and similar lost in transit to the Client;
ii) any effect of the Client giving wrong bank account information, wrong address or similar, including, but not limited to, the Flight Compensation being paid to the wrong receiver. If Flight Compensation at the fault of the Client has been paid to a wrong receiver, AirHelp shall not be obligated to actively reclaim it.
4.5 No interest may be claimed for the period between the incoming and outgoing payments. AirHelp reserves the right to retain any interest that has been recovered from the airline.
4.6 No invoices related to the services delivered and fees charged will be provided as default, but an electronic invoice can be requested and sent by email.
4.7 AirHelp shall not be liable for any amount of compensation, damages or similar, if AirHelp is prevented to transfer the payment to the Client by an event beyond its reasonable control, including without limitation, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood and storm.
Article 5: Data Protection
AirHelp will only use the personal data provided by the Client for the purpose pursuing the Claim in accordance with the Agreement and with respect of all applicable privacy and data protection laws. The Client provides AirHelp with personal data under the Personal Data Protection Act or other data protection laws that may be applicable, with the explicit permission to process the personal data given and for the use thereof in the context of the Agreement. AirHelp will only transfer the personal data to third parties under the conditions as listed below:
i) if the Client has given consent;
ii) if it is for a purpose directly related to the original purpose for which the personal data was collected;
iii) if it is necessary for the preparation, negotiation and fulfilling of a contract with the Client;
iv) if it is required due to legal obligation, administrative or court order;
v) if it is required for the establishment or protection of legal claims or in defence of court actions;
vi) if it serves the prevention of misuse or other illegal activities, such as deliberate attacks, to ensure data security.
Article 6: Data and information from the Client
6.1 On request by AirHelp, the Client will provide AirHelp with all data or information that is required for the execution of the Agreement. The Client warrants that the data and information provided is correct, complete and true.
6.2 The Client agrees to fully indemnify AirHelp in all respects for all third-party claims including, but not limited to, incorrect Client communications, provision of incorrect data/information and fraudulent conduct.
6.3 In case of incorrect data/information and fraudulent conduct, AirHelp reserves the right to terminate the Agreement with immediate effect. If the Agreement is terminated in accordance with this paragraph, the Client will not have any right to compensation of any kind.
Article 7: Right of withdrawal
7.1 If you qualify as a consumer pursuant to EU-consumer regulations i.e. you are a natural person who enters into a legal transaction for a purpose that is neither your commercial nor your independent vocational activity, you have a statutory right of withdrawal.
7.2 You can withdraw your acceptance of our Agreement within 14 days from the conclusion of the Agreement (e.g., letter, email) without the need to specify any reasons. To exercise your right to withdrawal, the withdrawal must be mailed within the 14-day period mentioned above and it must clearly state that you wish to withdraw from the Agreement. Due to the nature of the service provided to you, you cannot withdraw from our Agreement, if we have informed you that the airline has accepted the Claim, as we in such event have completed the service you requested. The withdrawal must be sent to:
9B Amtel Building
148 Des Voeux Road Central
e-mail: [email protected]
Article 8: Final Provisions
8.1 AirHelp is authorised to alter these T&C and the Price List and to set forth additional conditions at any time and without notice. However, changes with a negative effect to the Client will not apply to the Client, unless the Client agrees to new changes.
8.2 The laws of Germany apply to these T&C, the Assignment Form and the Agreement between AirHelp and the Client. Any dispute arising out of or in relation to these T&C, the Assignment Form and the Agreement between AirHelp and the Client shall exclusively be settled by Copenhagen City Court, Denmark, in first instance.
8.3 Should any provision of these T&C be or become void, illegal or unenforceable, this shall not affect the validity of the remaining provisions in any way whatsoever.
8.4 Rights and obligations fully or partially related to any submitted Claim may be transferred without restrictions by AirHelp to any entity within the corporate group of AirHelp and by AirHelp to third parties.
8.5 The English version of these T&C shall prevail in case of inconsistency to any other language version.